My daughter has a serious case of asthma she has asthma attacks left and right is that a good argument to prevent overnite visit

Asked almost 5 years ago - New York, NY

he sees her every wednesday and friday for 3 hours and every other sat for 5 hours..im worried about overnite visits cuz he doesnt know how to care for her asthma and i had an order of protection against him cuz he hits my daughter since she was 6 months old cuz she would go to sleep and on another occassion she was locked in his house for 15 miutes by herself because he wanted to remove a couch out..another time when he had my child his family invited people over and a fight broke ut between two drunk people and he broke up the fight with my child in his hand wat should i do about this im worried for my child to be there overnight

Attorney answers (3)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . I do not believe her asthma condition is a reason for not letting her stay with him especially if there is a court order in place. His violence and lack of attention to her and his placing her in unsafe situations is certainly a reason for limiting visits. You need to petition the court to have the visits supervised and in a safe environment. FYI my partner James DeFelice practices family law in NYC and may be able to help you. His contact information is below.

    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..



    New York City: A Guide to the Courts……………………………………..

    Divorce and Legal Separation in General and How It's Handled in New Jersey (This is valid too for NYS and for unmarried parents)
    Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong)
    US law on parental kidnapping: Please see 28 USC s. 1738……………………


    FYI my law partner James DeFelice practices family law in your part of NYS. You can access his contact information on his avvo profile or on our firm’s website: www.sarnoanddefelice.com


    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

  2. Carlos Gonzalez

    Pro

    Contributor Level 17

    Answered . you may not violate any court order currently in effect, as it would only damage your case... you should focus on the reasons for the child being unsafe and use those to contiuously limit visitation as much as possible.

    We practice family law, you may contact us for further assistance if necessary

  3. David Alexander Browde

    Pro

    Contributor Level 20

    Answered . The asthma would almost seem an irrelevancy. The more important issue is the safety of the child.

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